LiveSure

Terms of Use

(Terms of Use last updated July 1, 2014)

LiveSure Terms of Use

Welcome to Livesure.com, the site that offers online insurance inquiry and agent location services from competing insurance agents. LiveSure (or “LiveSure.com” or “We,” “Our” or “Us” as used herein) offers services to businesses and individuals on a web-based software platform that allows users to make a preliminary insurance inquiry, receive, and review preliminary insurance quotes and / or potential coverage details from authorized insurance agents or companies.

These terms of use ("Terms of Use") set forth the standards of use of Livesure.com and all of its associated websites. Livesure.com and all such associated websites are collectively referred to herein as the "Website."

DEFINITONS

“LiveSure” means Livesure, LC, all parent companies, investors, officers, employees, authorized representatives, affiliates, subsidiaries, marketing affiliates, or other such individuals or entities representing LiveSure in any capacity whatsoever.

"You" or “Your” means all individuals and / or entities accessing or using the Website for any purpose whatsoever.

"User," “Users,” "Member,” or “Members” means all individuals and/or entities accessing or using the Website for informational purposes or to make requests to Providers for insurance quotes.

“Provider” means licensed insurance agents providing insurance quotes to Users.

"Content" as used herein, shall mean information that You, a Provider or We submit, publish or display on the Website.

Please read these Terms of Use carefully. These Terms of Use include LiveSure’s Privacy Policy, which is incorporated and made a part of these Terms of Use. If You do not accept and agree to all of these Terms of Use, You are not authorized to use the Website or the services provided therein. By accessing or using the Website, You agree to be bound by these Terms of Use, including LiveSure’s Privacy Policy. Additionally, You understand and agree that LiveSure and / or its approved third parties may electronically provide to You, either through posting or links on the Website or through e-mail, agreements, invoices and other documents, notices and communications regarding Your relationship with LiveSure, its Providers and its services ("Communications"). You hereby consent to receipt of such Communications electronically. If you are a Provider and have a separate written agreement with LiveSure the terms and conditions of the separate written agreement shall govern in all respects in the event of a conflict with these Terms of Use.

MODIFICATION OF TERMS

LiveSure reserves the right, at any time, to modify, alter, or update the Website, these Terms of Use and the Privacy Policy without prior notice. You must review these Terms of Use and the Privacy Policy on a regular basis to monitor changes or modifications to these Terms of Use or the Privacy Policy. Should You wish to terminate Your account due to a modification to these Terms of Use or the Privacy Policy, You may do so by closing Your account. If You choose to continue using the Website, You agree that by doing so You will be deemed to accept the then current Terms of Use or Privacy Policy, as applicable.

ELIGIBILITY

You must be 18 years of age or older to use the Website or any of the services provided therein in any manner. By using the Website and accepting these Terms of Use, You represent and warrant that You are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent that You will use the Website and any services or information provided by LiveSure in a manner consistent with any and all applicable laws and regulations. Any Providers using the Website represent and warrant that they are licensed and authorized to serve in such a capacity by the company (or companies) represented and in the state(s) in which the Provider is located.

SERVICES OF WEBSITE

LIVESURE IS NOT AN INSURANCE AGENCY OR INSURANCE COMPANY AND HOLDS NO LICENCES FOR SUCH SERVICES. LIVESURE DOES NOT DIRECTLY OR INDIRECTLY OFFER INSURANCE SERVICES APPLICABLE TO ANY INSURANCE LICENSES. LIVESURE DOES NOT DIRECTLY OR INDIRECTLY OFFER INSURANCE ADVICE OR ADVISORY SERVICES AND YOU REPRESENT AND WARRANT THAT YOU HAVE NOT RECEIVED ANY SUCH ADVICE FROM LIVESURE, NOR HAS ANY DISCUSSION TAKEN PLACE BETWEEN YOU AND LIVESURE WITH RESPECT TO INSURANCE TERMS, CONDITIONS, COSTS OR DETAILS. ALL INQUIRIES MADE BY YOU ARE DONE AT YOUR OWN RISK AND ARE BASED UPON YOUR OWN, SOLE INDEPENDENT INVESTIGATION, INPUT AND SELECTIONS, FREE FROM ANY ADVICE OR DISCUSSION WITH LIVESURE. LIVESURE DOES NOT DIRECTLY OR INDIRECTLY DISCUSS NOR RECOMMEND ANY COVERAGE DETAILS, COSTS, LIMITS OR SPECIFIC AGENTS OR COMPANIES. LIVESURE DOES NOT ADVISE AGENTS AS TO ANY OFFERS, RATES, TERMS OR CONDITIONS. LIVESURE SERVES SOLELY AS A MARKETING SERVICE FOR INSURANCE COMPANIES AND INSURANCE AGENTS, AND ALLOWS USERS TO REQUEST PRELIMINARY INFORMATION FROM PROVIDERS THROUGH THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT YOU ARE NOT DIRECTLY OR INDIRECTLY RECEIVING INSURANCE ADVICE OR SERVICES FROM LIVESURE. YOU SPECIFICALLY ACKNOWLEDGE THAT YOU UNDERSTAND THAT LIVESURE IS NOT AN INSURANCE COMPANY OR INSURANCE AGENCY AND HAS MADE NO RECOMMENDATION TO YOU FOR INSURANCE COVERAGE WHATSOEVER, AND HAS NOT DISCUSSED ANY INSURANCE COSTS, TERMS OR CONDITIONS WITH YOU AT ANY TIME. YOU ACKNOWLEDGE THAT THE TERMS OF ANY INSURANCE COVERAGE YOU DESIRE TO PROCURE WILL BE ARRANGED AND REVIEWED SOLELY BETWEEN YOU AND THE AUTHORIZED INSURANCE AGENT OR COMPANY YOU SELECT. LIVESURE DOES NOT OFFER OR PROVIDE ANY RESPONSE TO A USER’S INQUIRY REGARDING INSURANCE. LIVESURE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR ASSURANCES AS TO AVAILABILITY, ACCURACY, SUITABILITY, APPLICABILITY OR COMPLETENESS OF COVERAGE, AND ALL PROVIDER INFORMATION IS PROVIDED “AS-IS” AND SUBJECT TO YOUR OWN REVIEW. LIVESURE FULLY DISCLAIMS ALL INFORMATION PROVIDED TO YOU BY THE PROVIDERS. ALL INSURANCE COVERAGE MUST BE COMPLETED DIRECTLY WITH A PROVIDER AND COVERAGE IS NOT COMPLETED UNTIL YOU ARRANGE FOR COVERAGE DIRECTLY WITH A PROVIDER.

LiveSure offers information request services to Users and, with respect to Providers, LiveSure offers marketing and administrative services, both of which are initiated by Users when Users complete online inquiry forms making various types of insurance inquiries, to be matched with Providers, who may respond to Users with preliminary and conditional insurance rates, premiums, coverage details or other information or messages at the discretion of the Provider.

Any insurance coverage inquiry a User submits is NOT an application for insurance. Rather, it is a preliminary inquiry to be matched with Providers to receive conditional insurance information and/or quotes from Providers. Users must complete an application with a Provider before a Provider will extend an unconditional offer. A Provider may require additional information about Users or verification of User identity before extending an unconditional offer.

YOU ACKNOWLEDGE THAT LIVESURE IS NOT A REFERRAL SERVICE, AND IS NOT PAID REFERRAL FEES FROM PROVIDERS. USERS ARE UNDER NO OBLIGATION TO PURCHASE INSURANCE FROM A LIVESURE PROVIDER AND MAY ELECT NOT TO DO SO. NO SERVICES PROVIDED BY LIVESURE ARE CONDITIONED UPON PROVIDER SUCCESS WITH USERS.

RELATIONSHIP WITH PROVIDER

A Provider selected by a User may require a User to pay an application or other fee to cover the Provider’s administrative cost or other items. The Provider, not LiveSure, will determine the amount of any such fee. LiveSure does not endorse, investigate or recommend the products or practices of any particular Provider. LiveSure’s services are only administrative and marketing related. Users should rely on their own judgment in deciding which available insurance product, coverage, terms and Provider best suits the User’s needs and financial means. The Provider is solely responsible for its services to Users, and Users agree that LiveSure shall not be liable for any damages or costs of any type arising out of or in any way connected with its use of the Provider’s services or products or any representations or communications between the User and the Provider. Users understand that Providers may keep User information and any other information provided by LiveSure or received by them in the processing of User requests, whether or not a User qualifies for coverage through a Provider. Users are responsible for reviewing the Provider’s privacy policies and procedures related to how a Provider uses the User’s information. Users agree to notify a Provider directly if the User no longer wants to receive communications from a Provider.

Users acknowledge that Providers expressly reserve the right to discontinue, suspend or terminate the offering of any insurance coverage or quote in any specific state through the Website at any time, without prior notice. Users understand that Providers are only authorized to provide coverage in states and for insurance products for which they are licensed. LIVESURE MAKES NO REPRESENTATION OR WARRANTY AS TO THE LICENSURE, LICENSE STATUS OR VALIDITY OF ITS PROVIDERS. USERS ARE REQUIRED TO PERFORM THEIR OWN INVESTIGATION REGARDING THE LICENSE STATUS OF PROVIDERS. USERS ARE REQUIRED TO REVIEW AND INVESTIGATE ANY OFFER OF COVERAGE FROM A PROVIDER, INCLUDING, BUT NOT LIMITED TO, COVERAGE DETAILS AND LIMITS, COSTS, COMPANY RATINGS, FINANCIAL PERFORMANCE OR RELIABILITY.

LIVESURE MAKES NO REPRESENTATION OR WARRANTY AS TO THE VALIDITY OF, EXISTENCE OF OR ACCURACY OF INFORMATION PROVIDED TO USERS BY PROVIDERS. PROVIDERS ARE REQUIRED TO PERFORM THEIR OWN INVESTIGATION REGARDING THE VALIDITY OF, EXISTENCE OF, OR ACCURACY OF ANY INFORMATION PROVIDED BY USERS.

The data and other information Users may provide LiveSure or to Providers through the Website is not, and is not treated as, an application for insurance under any circumstances whatsoever. LiveSure does not guarantee acceptance or availability of insurance coverage with any Provider. LiveSure does not guarantee the accuracy of terms provided by a Provider to or through the Website, nor does LiveSure guarantee that the availability of or final details and terms of any offer for coverage will be accurate or similar to those requested through the Website. Insurance coverage and underwriting standards are established and maintained solely by individual Providers and the company (or companies) they represent. Likewise, LiveSure does not guarantee that the insurance premiums, coverage details and rates offered to Users and made available by Providers are the best terms or lowest rates available in the market. A Provider's offer may be subject to market conditions, approval and qualification, or other changes in limits and coverage details. The rates and coverage availability and limits actually provided by Providers may be unavailable, or higher or lower, depending on a User’s complete credit profile, loss history, risk profile and a variety of other factors, including the accuracy and completeness of the information provided by the User. Unless expressly stated in writing, nothing contained herein shall constitute an application by a User, or offer or promise for insurance coverage by a Provider. Providers may not offer all products in all jurisdictions, and may not offer products in all states.

LiveSure does not guarantee the desirability of, quality of, or insurability of any User. Providers understand and accept that LiveSure does not interview or prescreen Users and that Providers accept all risks associated with pursuing and responding to Users. Likewise, LiveSure does not guarantee that any User will contact one or more Providers at any point. A User may elect to never contact a Provider, may purchase insurance through any other means, and is not bound to respond to or use any Provider for their insurance needs. While Users are required, pursuant to this Terms of Use, to provide accurate and complete information, Providers acknowledge that the information Users provide may be inaccurate, falsified, and/or incomplete and that LiveSure does not verify any information provided by Users. Accordingly, Providers accept all risk associated with providing information to and interacting with Users, and understand that a Provider’s dealings with and prospective sales to such Users require the Provider’s own due diligence and investigation.

LiveSure is paid a marketing fee by Providers for the goods, facilities and marketing services provided. LiveSure allows Providers to advertise their agency, company (or companies), and to provide preliminary, un-verified rate quotes to Users in response to a preliminary inquiry by a User. Fees paid by Providers to Livesure are not conditioned upon the eventual sale of an insurance coverage to a User, and in no event does any such fee constitute a referral fee to any Provider or a commission or any part of a commission to Livesure. Providers may not directly charge Users for any LiveSure marketing services. LiveSure does not charge Users any fee for its service in matching Users with Providers.

By submitting a preliminary inquiry, Users acknowledge that communications may occur between the Users and Providers in response to the User’s request for details, or if a communication is initiated directly with any Provider. Accordingly, all Users hereby consent to any such responsive calls or contact from Providers, even if the phone number of a User is on any Do Not Call list. All Users hereby consent also to any such responsive email from Providers at the email address the User provides or at another address that may be associated with the User so that such e-mail communication will not be considered spam or unauthorized communication by any local, state or federal law or regulation.

LiveSure provides a service that allows its network of nonaffiliated Providers to provide Users with multiple, preliminary, conditional insurance coverage offers. By submitting any request form found on the Website, Users authorize LiveSure to provide information provided by such Users, or by third parties on behalf of Users, either to Providers on the LiveSure network or through the Website, and to any additional Providers or third parties necessary for the Provider to complete the response to the insurance coverage inquiry and request. Additionally, Users authorize LiveSure to keep and store any information entered into or shared with the Website, and to use such information at its discretion, subject to this Terms of Use and the LiveSure Privacy Policy. Users also authorize LiveSure, its Providers, and any additional third parties necessary to complete its insurance request, to request information from claim or loss reporting agencies, driving record agencies, vehicle ownership agencies, identity verification agencies, or other reporting agencies, and the User’s credit bureau report from one or multiple credit bureaus, including any ancillary credit scores or ratings and to verify that the information provided by the User with the User’s request is true and accurate. By clicking “submit” (or any button indicating acceptance or authorization) Users certify that all of the information they have provided in the coverage request form is true, accurate and complete.

LiveSure seeks to also provide leads and marketing services through the Website to Providers by connecting Providers with Users. By submitting any information to be displayed the Website, Providers authorize LiveSure to provide information entered by such Providers or third parties either to Users, along with any additional third parties necessary to complete the insurance inquiry and request. Additionally, Providers authorize LiveSure to keep and store any information entered into or shared with the Website, and to use such information at its discretion, subject to this Terms of Use and the LiveSure Privacy Policy. Providers represent and warrant that they:

i) will only deal with Users by applying the highest ethical standards to such dealings;

ii) will provide prompt, professional customer service to all Users;

iii) will respond to requests from Users through the Website promptly, but in no event in more than twenty four (24) hours from such request;

iv) have in good standing, any needed licenses with respect to the information and services provided to Users;

v) are authorized to represent the company (or companies) selected by the Provider;

vi) have maintained in good standing at all times all licenses applicable to the information provided to Users, and;

vii) will respond to Users based upon the preliminary inquiry requested by Users.

ACCESS OF WEBSITE / INTERRUPTION OF SERVICE

LiveSure reserves the right to modify or discontinue any services or Content provided by LiveSure with or without notice to You. You acknowledge and accept that LiveSure does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control and/or at Our discretion.

ACCOUNT INFORMATION

You will be asked to create aLiveSure account and provide LiveSure with certain information including, without limitation, a valid e-mail address. Any such information that You submit will be treated in accordance with LiveSure’s Privacy Policy. You may not authorize any third party to access or use the Website on Your behalf. You are solely responsible for maintaining the confidentiality of Your LiveSure account information and any files You upload or share with the Website, the general public, or other Users. In the event that You become aware of any unauthorized use of Your LiveSure account, You hereby agree to immediately notify LiveSure.

You are responsible for any activities associated with Your LiveSure account. We reserve the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, and for any reason, at Our discretion, including if, in Our opinion, You have failed to comply with any of the provisions of these Terms of Use. LiveSure is not liable for any direct or indirect damages or loss resulting from the unauthorized use of Your LiveSure account.

You are responsible for making all arrangements necessary for You to have access to the Website and to the services provided therein. LiveSure does not guarantee connectivity to the Website in any manner.

DISCLAIMER OF WARRANTIES

All of the information and materials contained on the Website, including text, graphics, information, links or other items are provided on an "AS-IS" and on an "AS AVAILABLE" basis, without warranty of any kind, express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access. To the fullest extent permitted by applicable law, LiveSure makes no representations or warranties of any kind, express or implied, regarding the use, security, functionality or the results of the Content or this Website or any of the services or information provided therein in terms of its availability, accuracy, adequacy, correctness, precision, timeliness, completeness, thoroughness, reliability or otherwise.

LiveSure expressly disclaims liability for errors, omissions, accidental or intentional deletions or alterations of material, site features, programming, or services in the information and materials contained therein, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, noninfringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by LiveSure. We make no warranty that the Website, Content or the services thereon will meet Your requirements.

LIMITATION OF LIABILITY

The Website acts as a venue for individuals and businesses (Users) to make preliminarily inquiries about insurance, request insurance information, and to connect with Providers through the use of LiveSure’s marketing services. LiveSure is not intended to be the sole repository or storage of Content, and You should save files and information on your personal devices for your records. LiveSure does not monitor or control the type, legality, accuracy or validity of the Content stored, shared or submitted on or through the Website, nor can LiveSure guarantee that Content will be kept confidential. As a result, LiveSure has no control over Content, quality, safety, accuracy, or legality of files or information stored, published, shared or provided and makes no representations about Content. LiveSure shall not be responsible for any damages resulting from the improper or illegal use of the Content or the Website, nor can LiveSure provide any warranty as to the accuracy, completeness or validity of the Content. You acknowledge and agree that You are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website, or to review any information shared, displayed, published or provided to You.

Except as expressly provided in these Terms of Use, in no event shall LiveSure, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website (the “Website Parties”) be liable for any damages whatsoever to You, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to the Website, the Content or it’s services, any information received from the Website or it’s services, any email distributed to You from the Website or any linked website or any use or inability to use thereof, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if the Website Parties or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall the Website Parties be liable to You for any information or Content posted, transmitted, exchanged or received by or on behalf of You or other person or entity on or through the Website.

YOU ACKNOWLEDGE THAT THE WEBSITE OFFERS A SERVICE THAT YOU HAVE INVESTIGATED AND UNDERSTAND, AND THEREBY AGREE THAT IN NO EVENT WILL LIVESURE HAVE ANY LIABILITY TO YOU WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THIS SHALL CONSTITUTE YOUR EXPRESS WAIVER OF LIABILITY ARISING FROM ANY CLAIM AGAINST LIVESURE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Website Parties from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to i) Your use of the Website, ii) Your use of any Content contained therein, iii) Your Content or any information or material that You post to or transmit through the Website, or iv) Your violation of these Terms of Use. LiveSure shall provide notice to You promptly of any such claim, suit or proceeding, and LiveSure reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with LiveSure’s defense of such claim.

ACCEPTABLE USE POLICY ("AUP")

(1) Valid Email Address. You must supply and maintain a valid and verified email address in order to use the services provided by the Website. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from Our system and You will be denied access to this Website.

(2) Unauthorized Use. Unauthorized use of the Website and LiveSure’s systems including but not limited to unauthorized entry into any of LiveSure’s systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited. LiveSure reserves the right, in Our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available for copying copyrighted text, or otherwise misusing or misappropriating the Website or Content, including but not limited to, use on a "mirrored", competitive, or third party site.

(3) Content. You acknowledge that the Website offers services requiring its Users to enter, share, administer and store Your personal information on the Website’s computer systems and other hardware, which may be owned and controlled by third parties. Accordingly, You represent and warrant that You have all rights to such Content entered by You, and all information entered, shared with or uploaded to the Website. By using the Website and sharing Content, You acknowledge that You are granting LiveSure and its Providers, affiliates, subsidiaries and partners a worldwide license to use, copy, share, transfer, sell, administer, access and store Your Content, free of any royalty. LiveSure reserves the right to view, monitor, reject, and delete Your Content at Our sole discretion. You hereby acknowledge and consent to such monitoring and editing practices by LiveSure. Additionally, LiveSure reserves the right to save, store, study, and report, aggregate, and use in any way or for any purpose, Your Content.

LiveSure reserves the right to change the methods, URLs and any procedures for accessing Your Content at any time and with or without notice to the User.

(4) Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the "Website Content") may be protected under both United States and foreign copyright, trademark and other laws. All such Website Content is the property of LiveSure or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of LiveSure and may be protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the Website Content on any authorized copy You make of such Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of LiveSure, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits LiveSure or its licensors, that dilutes the strength of LiveSure or its licensor's property, or that otherwise infringes LiveSure or its licensor's intellectual property rights. You may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that LiveSure creates to generate, share, administer or display any Website Content or the pages making up the Website is also protected by LiveSure’s copyright and You may not copy or adapt such code.

(5) Website Restrictions. Making a preliminary, conditional insurance inquiry, connecting with Providers, and Your use of the Website may be used only for lawful purposes by individuals and businesses. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, the Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

(6) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:

(a) accessing data not intended for You or logging into a server or account that You are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any User, Provider, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or

(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. LiveSure will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users or Providers who are involved in such violations.

(7) User Content and Submissions. You are solely responsible for Your account information, stored files, Profile, Your Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other Users or Providers. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms of Use.

The following is a partial list, for illustration purposes, of Content that is prohibited on the Website. You may not post content or otherwise use the Website in any way that:

  • Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • Harasses, incites harassment or advocates harassment of any group or individual;
  • Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"
  • Involves, promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Involves, promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • Contains restricted or password only access pages, or hidden pages or images;
  • Displays or links to pornographic, indecent or sexually explicit material of any kind;
  • Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media;
  • Solicits passwords or personal identifying information from other Users or Providers;
  • Harms or attempts to harm the Website in any way;
  • Allows or gains unauthorized access to any part of the Website;
  • Obtains any unauthorized data from the Website;
  • Charges others for any use of the Website;
  • Collects or attempts to collect information about others in any way;
  • Uses excessive amounts of bandwidth, at the sole discretion of LiveSure;
  • Modifies, alters, copies or otherwise changes the programming or features of the Website.

OTHER SITES & USER CONTENT RELIABILITY

The Website and any Content may contain links to websites and information controlled or offered by third-parties (non-affiliates of LiveSure). You acknowledge that LiveSure is not responsible for the availability of, accuracy of, or the content located on or through any third-party website or Content. LiveSure makes no representations about, and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to this website or Content posted on the Website. By providing such links or information, LiveSure does not endorse or recommend any products or services offered or information contained therein, nor is LiveSure liable for any failure of products or services offered or advertised at those websites or contained within the User Content. If You decide to access such linked third-party web sites or rely upon Content, You do so at Your own risk. Your use of those third-party sites and Content is subject to the terms of use and privacy policies of each such site and subject to Your understanding and knowledge of the Content, and We are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites or the User who uploaded, shared, or otherwise provided You with the Content You are relying upon if You have any concerns regarding the content on those sites or Content.

INTELLECTUAL PROPERTY

You acknowledge and agree that, as between You and LiveSure, LiveSure owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in the Website, the Content provided by LiveSure on the Website, including without limitation, site design, text, graphics, and interfaces and any intellectual property embodied therein ("LiveSure Materials"). Any use of LiveSure Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of LiveSure is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device or manual process to monitor or copy Our website, LiveSure Material or any third-party content available on LiveSure's websites.

THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS

LiveSure respects the intellectual property of others, and We ask You, to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the Website and Website Content, You agree not to use the Website or Website Content to infringe the intellectual property rights of others in any way. LiveSure reserves the right to terminate Your account, and block access to the Website or Content if You infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. LiveSure reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.

TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on Content available through the Website are registered and unregistered Trademarks of Ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.

LiveSure may suspend or terminate Your access to Your account, without notice or liability, for any violation of these Terms of Use or for any other use that LiveSure, at its sole discretion, deems improper.

INTERNATIONAL USE

LiveSure makes no claims that the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. If You access the Website from outside of the United States, You acknowledge that any personal information You provide will be processed in the United States and other geographies as selected by Us in Our sole discretion, and You hereby consent to the collection and processing of Your personal information in a manner consistent with these Terms of Service and the Privacy Policy.

GOVERNING LAW

These Terms of Use are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively in the state and federal courts of Bell County, Texas.

SEVERABILITY; WAIVER

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, LiveSure’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect LiveSure's ability to enforce such term at any point in the future.

NOTICE

All inquiries, questions, or notices to LiveSure should be directed to:

LiveSure, LC
PO Box 216
Temple, Texas 76503

[email protected]